Prospects on the European Investigation Order in Relation to Joint Methods Deficiencies
Prospects on the European Investigation Order in Relation to Joint Methods Deficiencies

Author(s): Marius-Adrian Arva
Subject(s): Human Rights and Humanitarian Law, EU-Legislation
Published by: Scientia Moralitas Research Institute
Keywords: European Investigation Order; human rights infringement; transnational evidence procurement;
Summary/Abstract: We emphasize in the present study that, in the context of cross-border crime evolution, it was developed an instrument based on mutual recognition of judicial decisions by member states authorities from the European Union, entitled the European Investigation Order, which, although was intended as a unitary approach in the procurement of evidence process, compared to the old fragmentary system, this purpose could not be achieved. We also point out the dangers of violating the protective guarantees of the persons rights, for those individuals that are targeted by the investigative measures, in relation to particularities of various national penal systems regarding the procurement by the executing State of evidence to be used in judicial procedures by the issuing State.

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